Indian Penal Code, 1860
Section 493
repealedCohabitation caused by a man deceitfully inducing a belief of lawful marriage
Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Why this exists
This provision protects women from being deceived into intimate relationships through fake or invalid marriages. It targets men who deliberately create a false impression of a valid marriage, for example through a sham ceremony or false documents, to obtain a woman's trust and consent to cohabit, when in reality no lawful marriage exists.
How courts read it
Courts have held that the key element is the woman's genuine, deceit-induced belief in a lawful marriage; if she knew or suspected the marriage was invalid, or consented despite doubts, this section may not apply, since the deceit must have actually caused the belief that led to cohabitation.
Common misconceptions
- Myth: This section punishes any live-in relationship without marriage.
Fact: It only applies when a man deliberately deceives a woman into wrongly believing a lawful marriage exists; honest, informed live-in relationships are not covered.